DCT

1:18-cv-00361

Sprint Communications Co LP v. WideOpenWest Inc

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Key Events
Complaint

I. Executive Summary and Procedural Information

  • Parties & Counsel:
    • Plaintiff: Sprint Communications Company L.P. (Delaware)
    • Defendant: WideOpenWest, Inc.; WideOpenWest Networks, Inc.; and WideOpenWest Finance LLC (Delaware)
    • Plaintiff’s Counsel: Polsinelli
  • Case Identification: 1:18-cv-00361, D. Del., 03/07/2018
  • Venue Allegations: Venue is asserted in the District of Delaware based on Defendants’ incorporation in that state.
  • Core Dispute: Plaintiff alleges that Defendant’s Voice-over-Packet (VoP) telephony services infringe fifteen patents related to methods and systems for interfacing traditional circuit-switched telephone networks with modern packet-based data networks.
  • Technical Context: The patents relate to Voice-over-Packet technology, which enables the transmission of voice calls over data networks, offering efficiency and cost advantages over the legacy Public Switched Telephone Network (PSTN).
  • Key Procedural History: The complaint highlights Plaintiff’s extensive history of enforcing this patent portfolio, including a 2007 jury verdict and subsequent $80 million license with Vonage, as well as a 2017 jury verdict of $139.8 million for willful infringement against Time Warner Cable involving some of the same patents asserted in this case. The complaint also notes a letter sent to Defendant around December 17, 2007, notifying it of the patent portfolio and the Vonage verdict.

Case Timeline

Date Event
1994-05-05 Earliest Priority Date for asserted patents ('084, '561, '052, '932, '429, '064, '463 Patents)
1996-02-01 Inventor Joe Christie's death mentioned in complaint
1996-11-22 Earliest Priority Date for asserted patents ('224, '340 Patents)
1997-04-18 Earliest Priority Date for asserted '918 Patent
1998-05-20 Earliest Priority Date for asserted '6,561 Patent
1999-07-28 Earliest Priority Date for asserted '454 Patent
2000-03-27 Earliest Priority Date for asserted '534 Patent
2000-06-12 Earliest Priority Date for asserted '728 Patent
2000-11-09 Earliest Priority Date for asserted '131 Patent
2001-10-02 U.S. Patent No. 6,298,064 Issues
2001-12-11 U.S. Patent No. 6,330,224 Issues
2002-01-29 U.S. Patent No. 6,343,084 Issues
2002-09-17 U.S. Patent No. 6,452,932 Issues
2002-10-08 U.S. Patent No. 6,463,052 Issues
2002-10-29 U.S. Patent No. 6,473,429 Issues
2003-05-13 U.S. Patent No. 6,563,918 Issues
2003-10-14 U.S. Patent No. 6,633,561 Issues
2004-02-24 U.S. Patent No. 6,697,340 Issues
2006-02-14 U.S. Patent No. 6,999,463 Issues
2007-01-01 Knowledge of asserted patents alleged to begin "at least 2007"
2007-10-23 U.S. Patent No. 7,286,561 Issues
2007-12-17 Date of alleged notification letter from Plaintiff to Defendant
2008-01-29 U.S. Patent No. 7,324,534 Issues
2008-02-05 U.S. Patent No. 7,327,728 Issues
2009-03-17 U.S. Patent No. 7,505,454 Issues
2010-04-06 U.S. Patent No. 7,693,131 Issues
2018-03-07 Complaint Filing Date

II. Technology and Patent(s)-in-Suit Analysis

U.S. Patent No. 6,343,084 - "Broadband Telecommunications System", issued January 29, 2002

The Invention Explained

  • Problem Addressed: The patent’s background section describes the inefficiency of traditional circuit-switched telephone networks, where a dedicated circuit is maintained for the duration of a call, wasting bandwidth during periods of silence. It also notes the high cost and complexity of scaling these legacy networks. (Compl. ¶11).
  • The Patented Solution: The invention proposes a system to bridge legacy synchronous networks (like the PSTN) and modern asynchronous packet networks (like the internet). The core component is an "interworking multiplexer" that receives user communications (e.g., voice) from a synchronous connection. On a call-by-call basis, a separate "signaling processor" sends the multiplexer a message identifying both the incoming synchronous line and a "virtual connection" (e.g., an IP-based route) for the outgoing packet-based communication. The multiplexer then converts the voice data into packets (ATM cells) tagged for the selected virtual connection, enabling efficient transport over a broadband network. (’084 Patent, col. 2:10-33; Fig. 1).
  • Technical Importance: This architecture allowed telecommunication carriers to leverage the cost and efficiency benefits of packet networks for the long-haul portion of calls while maintaining compatibility with the existing PSTN infrastructure that connected to end-users. (Compl. ¶13).

Key Claims at a Glance

  • The complaint asserts at least independent claim 1. (Compl. ¶69).
  • Essential elements of claim 1 include:
    • A method of operating an interworking unit to handle a plurality of calls.
    • Receiving messages into the interworking unit on a call-by-call basis, where the messages indicate a synchronous connection and a corresponding identifier.
    • Receiving user communications for the calls from the indicated synchronous connections.
    • Converting the user communications from the synchronous connections into asynchronous communications that include the corresponding identifiers.
    • Transferring the asynchronous communications for routing based on the identifiers.

U.S. Patent No. 6,633,561 - "Method, System and Apparatus for Telecommunications Control", issued October 14, 2003

The Invention Explained

  • Problem Addressed: The patent addresses the technical challenge of controlling calls that traverse both traditional narrowband (e.g., PSTN) and modern packet-based communication systems. (Compl. ¶¶11-13).
  • The Patented Solution: The invention describes a centralized "processing system" that acts as the "brains" for a VoP network. This system receives call setup signaling from a narrowband network, processes that signaling to select a "network code" (such as an IP address) that identifies an egress "network element" (such as a media gateway), and then transfers a control message with that code to the packet network. The packet network then uses this code to route the actual user communication (the voice call) to the correct egress point to exit back to the narrowband world. (’561 Patent, Abstract; ’561 Patent, col. 4:51-67).
  • Technical Importance: This method externalized call control logic from expensive, proprietary switches onto separate computer platforms, which increased competition and drove down costs in the telecommunications industry. (Compl. ¶14).

Key Claims at a Glance

  • The complaint asserts at least independent claims 1 and 24. (Compl. ¶72).
  • Essential elements of claim 1 include:
    • A method of operating a processing system to control a packet communication system.
    • Receiving a signaling message from a narrowband system into the processing system.
    • Processing the signaling message to select a network code identifying an egress network element.
    • Generating a control message with the network code.
    • Transferring the control message to the packet communication system.
    • Receiving the user communication in the packet system and using the network code to route it to the network element.
    • Transferring the user communication from the network element for egress.

U.S. Patent No. 6,463,052 - "Method, System and Apparatus for Telecommunications Control", issued October 8, 2002

  • Patent Identification: U.S. Patent No. 6,463,052, "Method, System and Apparatus for Telecommunications Control", issued October 8, 2002. (Compl. ¶23).
  • Technology Synopsis: This patent describes a method for transferring user communication to a packet system. A processing system receives signaling formatted for a narrowband system and selects a network code identifying an egress point. It sends an instruction with this code to a separate device that is holding the user communication; in response, that device transfers a packet containing both the user communication and the network code to the packet system. (Compl. ¶79).
  • Asserted Claims: At least claim 1. (Compl. ¶78).
  • Accused Features: The accused functionality relates to Defendant's inbound call architecture, where a Call Management Server allegedly instructs a Media Gateway on how to packetize and route user communications received from the PSTN. (Compl. ¶¶44-53, 79).

U.S. Patent No. 6,452,932 - "Method, System and Apparatus for Telecommunications Control", issued September 17, 2002

  • Patent Identification: U.S. Patent No. 6,452,932, "Method, System and Apparatus for Telecommunications Control", issued September 17, 2002. (Compl. ¶24).
  • Technology Synopsis: This patent claims a method of handling a call by using a processing system external to traditional narrowband switches. The system receives a first message, processes it to select a narrowband switch, generates and transmits a second message based on the selection, and the communications are then transferred to the selected switch in response to that second message. (Compl. ¶84).
  • Asserted Claims: At least claim 1. (Compl. ¶83).
  • Accused Features: The complaint alleges this patent is infringed by Defendant's outbound call architecture, where a VoIP subscriber's call is routed to the PSTN. (Compl. ¶¶58-66, 84).

U.S. Patent No. 6,473,429 - "Broadband Telecommunications System", issued October 29, 2002

  • Patent Identification: U.S. Patent No. 6,473,429, "Broadband Telecommunications System", issued October 29, 2002. (Compl. ¶25).
  • Technology Synopsis: This patent describes a method where a processing system selects an identifier, generates a message with it, and transmits it to an interworking unit. The interworking unit receives the user communication from a synchronous DS0 connection and, in response to the message, converts it into an asynchronous communication with the identifier in its header. (Compl. ¶89).
  • Asserted Claims: At least claim 1. (Compl. ¶88).
  • Accused Features: The complaint accuses Defendant's inbound call architecture, where the Call Management Server provides routing identifiers (IP addresses) to the Media Gateway, which then converts PSTN voice traffic into IP packets. (Compl. ¶¶44-53, 89).

U.S. Patent No. 6,298,064 - "Broadband Telecommunications System", issued October 2, 2001

  • Patent Identification: U.S. Patent No. 6,298,064, "Broadband Telecommunications System", issued October 2, 2001. (Compl. ¶26).
  • Technology Synopsis: This patent claims a method where a processing system processes set-up signaling to select a synchronous DS0 connection, generates a message identifying that connection, and sends it to an interworking unit. The unit receives the message and an associated asynchronous communication, converts the asynchronous communication into a standard user communication, and transfers it to the selected DS0 connection. (Compl. ¶94).
  • Asserted Claims: At least claim 1. (Compl. ¶93).
  • Accused Features: The complaint accuses Defendant's outbound call architecture, where a VoIP subscriber's packet-based call is converted and routed to a specific DS0 circuit on the PSTN. (Compl. ¶¶58-66, 94).

U.S. Patent No. 6,330,224 - "System and Method for Providing Enhanced Services for a Telecommunication Call", issued December 11, 2001

  • Patent Identification: U.S. Patent No. 6,330,224, "System and Method for Providing Enhanced Services for a Telecommunication Call", issued December 11, 2001. (Compl. ¶27).
  • Technology Synopsis: This patent describes a system providing enhanced services (e.g., voicemail). A processing system selects a service and a service node, then generates two messages: one for an interworking unit and one for the service node. The interworking unit converts the user communication from a first format to a second format and transmits it to the service node. (Compl. ¶99).
  • Asserted Claims: At least claim 1. (Compl. ¶98).
  • Accused Features: The accused functionality relates to calls forwarded to Defendant's voicemail platform. (Compl. ¶¶54-57, 99).

U.S. Patent No. 6,697,340 - "System and Method for Providing Enhanced Services for a Telecommunication Call", issued February 24, 2004

  • Patent Identification: U.S. Patent No. 6,697,340, "System and Method for Providing Enhanced Services for a Telecommunication Call", issued February 24, 2004. (Compl. ¶28).
  • Technology Synopsis: This patent claims a method for providing enhanced services where a signaling processor receives and processes SS7 signaling to generate control messages with routing identifiers. A separate service platform system receives these messages and exchanges communications with the caller to provide a service. (Compl. ¶103).
  • Asserted Claims: At least claim 11. (Compl. ¶102).
  • Accused Features: The complaint accuses Defendant's systems for providing enhanced services like voicemail. (Compl. ¶¶54-57, 103).

U.S. Patent No. 7,286,561 - "Method System and Apparatus for Telecommunications Control", issued October 23, 2007

  • Patent Identification: U.S. Patent No. 7,286,561, "Method System and Apparatus for Telecommunications Control", issued October 23, 2007. (Compl. ¶29).
  • Technology Synopsis: This patent describes a method where a processing system processes either an SS7 or Q.931 signaling message to select packet routing information. It then sends a control message with this information to a communication system, which in turn converts a user communication into a packet format including that routing information. (Compl. ¶107).
  • Asserted Claims: At least claim 11. (Compl. ¶106).
  • Accused Features: The complaint accuses Defendant's inbound call architecture of infringing this patent. (Compl. ¶¶44-53, 107).

U.S. Patent No. 7,505,454 - "Method, System and Apparatus for Telecommunications Control", issued March 17, 2009

  • Patent Identification: U.S. Patent No. 7,505,454, "Method, System and Apparatus for Telecommunications Control", issued March 17, 2009. (Compl. ¶30).
  • Technology Synopsis: This patent claims a method where a communication control processor receives signaling from customer premises equipment, selects a network element address, and transfers signaling to both the broadband network (indicating the address) and the narrowband network. (Compl. ¶111).
  • Asserted Claims: At least claim 1. (Compl. ¶110).
  • Accused Features: The complaint accuses Defendant's outbound call architecture of infringing this patent. (Compl. ¶¶58-66, 111).

U.S. Patent No. 7,327,728 - "Broadband Telecommunications System", issued February 5, 2008

  • Patent Identification: U.S. Patent No. 7,327,728, "Broadband Telecommunications System", issued February 5, 2008. (Compl. ¶31).
  • Technology Synopsis: This patent describes a method where a signaling processor selects routing information on a call-by-call basis and sends control messages to a communication unit. The communication unit converts user communications from a first format to a second format with headers containing the routing information. (Compl. ¶115).
  • Asserted Claims: At least claim 1. (Compl. ¶114).
  • Accused Features: The complaint accuses Defendant's inbound call architecture of infringing this patent. (Compl. ¶¶44-53, 115).

U.S. Patent No. 7,324,534 - "Broadband Telecommunications System Interface", issued January 29, 2008

  • Patent Identification: U.S. Patent No. 7,324,534, "Broadband Telecommunications System Interface", issued January 29, 2008. (Compl. ¶32).
  • Technology Synopsis: This patent claims a method where a bearer interface processes DTMF signals to determine a called number, sends a message with the number to a processing system which selects an identifier, receives a second message with the identifier back at the bearer interface, and then converts the user communication into a packet format including that identifier. (Compl. ¶119).
  • Asserted Claims: At least claim 1. (Compl. ¶118).
  • Accused Features: The complaint accuses Defendant's outbound call architecture of infringing this patent. (Compl. ¶¶58-66, 119).

U.S. Patent No. 7,693,131 - "Telecommunications System to Provide Analog Telephony Communications Over a Packet Connection", issued April 6, 2010

  • Patent Identification: U.S. Patent No. 7,693,131, "Telecommunications System to Provide Analog Telephony Communications Over a Packet Connection", issued April 6, 2010. (Compl. ¶33).
  • Technology Synopsis: This patent describes a system architecture with a residential hub (e.g., MTA) and a service node (e.g., call manager and voice mux). The service node processes control signaling to select a PSTN connection and converts signaling and user communications between packet and PSTN formats. (Compl. ¶123).
  • Asserted Claims: At least claim 11. (Compl. ¶122).
  • Accused Features: The complaint accuses Defendant's overall VoP system architecture of infringing this patent. (Compl. ¶¶58-66, 123).

U.S. Patent No. 6,563,918 - "Telecommunications System Architecture for Connecting a Call", issued May 13, 2003

  • Patent Identification: U.S. Patent No. 6,563,918, "Telecommunications System Architecture for Connecting a Call", issued May 13, 2003. (Compl. ¶34).
  • Technology Synopsis: This patent claims a system where a control system receives and processes call routing data to populate data tables in a call processor. The call processor then uses this data to process signaling and transfer control messages to an interworking unit, which converts user communications between formats. (Compl. ¶127).
  • Asserted Claims: At least claim 11. (Compl. ¶126).
  • Accused Features: The complaint accuses Defendant's system architecture, alleging that an Element Management System populates routing tables in the Call Management Server, which in turn controls the Media Gateway. (Compl. ¶¶45, 59, 127).

U.S. Patent No. 6,999,463 - "Number Portability In A Communications System", issued February 14, 2006

  • Patent Identification: U.S. Patent No. 6,999,463, "Number Portability In A Communications System", issued February 14, 2006. (Compl. ¶35).
  • Technology Synopsis: This patent describes a method for handling number portability. A call signaling processor receives a signaling message with a called number, processes it to transfer a number portability query, receives a response with a route number, processes the route number to select an identifier, and sends a control message to a communication system which adds the identifier to a header for routing. (Compl. ¶131).
  • Asserted Claims: At least claim 1. (Compl. ¶130).
  • Accused Features: The complaint accuses Defendant's outbound call system, which allegedly performs a Local Number Portability (LNP) query to determine the correct routing for ported numbers. (Compl. ¶60, 131).

III. The Accused Instrumentality

  • Product Identification: The accused products and services include "WOW! Phone, WOW! Business Voice, and other related telephony services." (Compl. ¶38).
  • Functionality and Market Context:
    • The complaint alleges that Defendant operates a Voice-over-IP (VoIP) network that uses PacketCable-compliant softswitches (e.g., Nortel CS2000) and media gateways to interface with the PSTN. (Compl. ¶42). This system allows Defendant’s subscribers, using a Multimedia Terminal Adapter (MTA) at their premises, to make and receive calls to and from the traditional telephone network. (Compl. ¶42).
    • The complaint describes two primary call flows. For an inbound call from the PSTN, a central Call Management Server (CMS) receives an SS7 signaling message, processes it to identify the destination subscriber and the appropriate media gateway, and sends control messages to both devices to establish a session for converting the call from the PSTN’s format to IP packets. (Compl. ¶¶44-48). For an outbound call, a subscriber’s MTA sends signaling to the CMS, which processes the dialed digits, selects a media gateway and trunk to the PSTN, and generates the necessary SS7 signaling to connect the call. (Compl. ¶¶58-62).
    • Defendant is alleged to be the sixth largest cable operator in the United States, serving approximately 3.0 million homes and businesses. (Compl. ¶37).
      No probative visual evidence provided in complaint.

IV. Analysis of Infringement Allegations

U.S. Patent No. 6,343,084 Infringement Allegations

Claim Element (from Independent Claim 1) Alleged Infringing Functionality Complaint Citation Patent Citation
a method of operating an interworking unit to handle a plurality of calls Defendant's Media Gateways (MGs) are operated to handle inbound calls from the PSTN. ¶69 col. 1:16-17
receiving messages into the interworking unit on a call-by-call basis, the messages indicating one of a plurality of synchronous connections and a corresponding one of a plurality of identifiers Defendant’s Call Management Server (CMS) sends a control message (CRCX) to the MG, which identifies the synchronous PSTN connection (via the Circuit Identification Code) and an identifier (the IP address of the destination subscriber’s MTA). ¶45-46 col. 2:19-22
receiving user communications for the calls from the synchronous connections indicated in the messages into the interworking unit The MG receives bearer audio (voice) from the PSTN over a synchronous DS0 connection corresponding to the Circuit Identification Code from the initial signaling. ¶49 col. 2:22-25
in response to the messages, converting the user communications from the synchronous connections into asynchronous communications including the corresponding identifiers The MG packetizes the synchronous DS0 audio into asynchronous RTP voice packets and includes the destination MTA's IP address (the identifier) in the IP header of the packets. ¶50-51 col. 2:25-29
transferring the asynchronous communications for subsequent routing based on the identifiers The MG sends the RTP packets over Defendant's IP network, where they are routed to the destination MTA based on the IP address in the header. ¶51 col. 2:29-31
  • Identified Points of Contention:
    • Scope Questions: A central question may be the scope of the term "interworking unit." The complaint alleges the Media Gateway (MG) performs the claimed conversion. A potential dispute is whether the MG itself "receives" the control messages in a way that satisfies the claim, or if it is merely a converter acting on instructions from the separate Call Management Server (CMS). The case could turn on whether the "interworking unit" is construed as just the MG, or as the functional combination of the MG and the controlling CMS.

U.S. Patent No. 6,633,561 Infringement Allegations

Claim Element (from Independent Claim 1) Alleged Infringing Functionality Complaint Citation Patent Citation
a method of operating a processing system to control a packet communication system for a user communication Defendant operates its Call Management Server (CMS) to control calls traversing its packet-based VoIP network. ¶73 col. 7:48-51
receiving a signaling message for the user communication from a narrowband communication system into the processing system The CMS receives an SS7 Initial Address Message (IAM) from the PSTN for an inbound call. ¶44 col. 7:52-55
processing the signaling message to select a network code that identified a network element to provide egress from the packet communication system for the user communication The CMS processes the SS7 IAM to identify the IP address of the subscriber's MTA, which serves as the network code identifying the egress point from the packet network. ¶45 col. 7:56-60
generating a control message indicating the network code The CMS generates a CRCX (create connection) message containing the MTA's IP address and port information. ¶47 col. 7:61-62
transferring the control message from the processing system to the packet communication system The CMS sends the CRCX message to the MTA, which is part of the packet communication system. ¶47 col. 7:63-65
receiving the user communication in the packet communication system and using the network code to route the user communication through the packet communication system to the network element User communication (voice) is received from the PSTN, converted to RTP packets by the MG, and routed through the IP network to the MTA using its IP address. ¶49-51 col. 7:66-col. 8:3
transferring the user communication from the network element to provide egress from the packet communication system The MTA receives the RTP packets, converts the audio to analog, and transfers it to the subscriber's telephone, providing egress from the packet system. ¶52 col. 8:4-7
  • Identified Points of Contention:
    • Technical Questions: A potential point of contention may be whether identifying a subscriber's endpoint (the MTA) constitutes selecting a network code that identifies a network element "to provide egress from the packet communication system." A defendant might argue that egress refers to leaving the packet network to go to another network (like the PSTN), not to a subscriber terminal. The interpretation of "egress" in the context of the patent's specification could be a key issue.

V. Key Claim Terms for Construction

  • The Term: "interworking unit" (’084 Patent)

    • Context and Importance: The infringement theory for the '084 Patent hinges on Defendant's Media Gateway (MG) being the "interworking unit." The construction of this term is critical because the complaint alleges that a separate component, the Call Management Server (CMS), provides the MG with the necessary identifiers for routing. The question is whether the claim requires the "interworking unit" to perform this intelligent selection itself, or if it can simply act on instructions.
    • Intrinsic Evidence for Interpretation:
      • Evidence for a Broader Interpretation: The patent specification describes the invention in functional terms. Practitioners may argue that the "interworking unit" should be construed to encompass the combination of components that collectively perform the interworking function, which would include the controlling CMS and the converting MG.
      • Evidence for a Narrower Interpretation: The patent’s summary distinguishes between a "signaling processor" and an "ATM interworking multiplexer," suggesting they are separate entities. (’084 Patent, col. 2:15-18). A defendant could argue this language supports a narrower construction where the "interworking unit" is only the multiplexer (the MG) and does not include the functions of the separate signaling processor (the CMS).

  • The Term: "network code" (’561 Patent)

    • Context and Importance: The complaint alleges that the IP address of a subscriber's MTA is the "network code" selected by the CMS. The viability of the infringement claim depends on whether an endpoint subscriber address qualifies as a "network code" for an egress "network element" as understood in the patent.
    • Intrinsic Evidence for Interpretation:
      • Evidence for a Broader Interpretation: The patent does not appear to provide an explicit definition of "network code," which may support a broader interpretation that includes any identifier used for routing within the packet network, such as an IP address.
      • Evidence for a Narrower Interpretation: A defendant may argue that, in the context of the telecommunications art at the time of invention, a "network code" for "egress" would typically refer to an identifier for a gateway to another network (like the PSTN), not a subscriber terminal. The specification's examples may provide context supporting this narrower view.

VI. Other Allegations

  • Indirect Infringement: The complaint focuses on direct infringement in its counts, though it makes a general request for relief for "directly and/or indirectly" infringing. (Compl., Prayer for Relief ¶A). The factual allegations do not separate out elements of inducement or contributory infringement.
  • Willful Infringement: The complaint alleges willful infringement for multiple asserted patents. (Compl. ¶¶75, 80, 85, 90, 95). The basis for this allegation is Defendant’s alleged knowledge of the patents since "at least 2007," stemming from a notification letter sent by Plaintiff on or around December 17, 2007. This letter allegedly informed Defendant of Plaintiff's VoP portfolio and a recent, major infringement verdict against Vonage. (Compl. ¶39). The complaint alleges that Defendant continued its conduct despite an objectively high likelihood of infringement. (Compl. ¶40).

VII. Analyst’s Conclusion: Key Questions for the Case

  • A core issue will be one of architectural mapping: Do the distributed functions of Defendant's network—where a Call Management Server provides routing intelligence to a separate Media Gateway that performs data conversion—satisfy claim limitations that may be read to require a single "interworking unit" or "processing system" to perform multiple steps? The case will likely involve a significant dispute over whether the claims cover a functionally integrated system or are limited to a single, monolithic device.
  • A second central issue will be willfulness: Given Plaintiff's specific allegation of a 2007 letter providing notice of the patent portfolio and a significant litigation success against a competitor, a key factual question for the court will be what actions, if any, Defendant took to investigate potential infringement over the following decade, which will be critical to determining whether any infringement was "willful, wanton, and deliberate."
  • A third question will be one of definitional scope: Can terms like "network code" and "egress," which have specific meanings in telecommunications, be construed to cover the alleged functionalities, such as using a subscriber's IP address as a "network code" for "egress" to a telephone? The outcome of claim construction on these terms may be dispositive for several of the asserted patents.